State Court Motion to Quash Subpoena (Civil)

SUPERIOR COURT OF THE STATE OF CALIFORNIA — COUNTY OF [COUNTY]

[MOVING PARTY]'S NOTICE OF MOTION AND MOTION TO QUASH OR MODIFY [DEPOSITION / RECORDS / TRIAL] SUBPOENA; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF [DECLARANT NAME] (Cal. Code Civ. Proc. §§ 1987.1, 1987.2)

NOTICE OF MOTION AND MOTION

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD, AND TO [SUBPOENAING PARTY]:

PLEASE TAKE NOTICE that on [__/__/____] at [HEARING TIME], or as soon thereafter as the matter may be heard in Department [DEPT.] of the above-entitled Court, located at [COURTHOUSE ADDRESS], [MOVING PARTY NAME] ("Movant") will and hereby does move this Court, pursuant to California Code of Civil Procedure section 1987.1, for an order quashing in its entirety, or in the alternative modifying or directing compliance upon protective terms and conditions, the subpoena described below, and for an award of Movant's reasonable expenses, including attorney's fees, under Code of Civil Procedure section 1987.2.

Identification of the subpoena. This Motion is directed to the [☐ deposition subpoena for personal appearance / ☐ deposition subpoena for production of business records (subpoena duces tecum) / ☐ subpoena duces tecum for personal records of a consumer (§ 1985.3) / ☐ subpoena for employment records (§ 1985.6) / ☐ trial subpoena] issued by [SUBPOENAING PARTY / ATTORNEY], dated [__/__/____], served on [SUBPOENA RECIPIENT] on [__/__/____], and commanding [attendance / production] on [__/__/____] at [TIME / PLACE] (the "Subpoena"). A true and correct copy of the Subpoena is attached as Exhibit A to the supporting Declaration.

This Motion is made on the ground(s), checked below, that the Subpoena is improper under section 1987.1 and subjects the affected person to unreasonable or oppressive demands, including unreasonable violations of the right of privacy:

☐ The Subpoena does not allow a reasonable time to comply.
☐ The Subpoena requires disclosure of privileged or otherwise protected matter.
☐ The Subpoena imposes an undue burden or expense.
☐ The Subpoena is overbroad and seeks irrelevant matter not reasonably calculated to lead to admissible evidence.
☐ The Subpoena was not properly issued or served.
☐ The Subpoena violates the right of privacy (Cal. Const., art. I, § 1) and/or the consumer/employee-records protections of §§ 1985.3 / 1985.6.
☐ The Subpoena seeks trade secrets or other confidential commercial information.

This Motion is based on this Notice; the attached Memorandum of Points and Authorities; the Declaration of [DECLARANT NAME] and exhibits thereto; all pleadings, records, and papers on file in this action; and such further evidence and argument as may be presented at the hearing.

Dated: [__/__/____]

_______________________________
[ATTORNEY NAME] (State Bar No. [____])
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for [MOVING PARTY]

MEMORANDUM OF POINTS AND AUTHORITIES

I. INTRODUCTION

By this Motion, Movant respectfully asks the Court to quash or modify the Subpoena. [One-to-two sentence summary — e.g., "The Subpoena is a sweeping demand for years of private financial and medical records that bear no relation to the claims in this action and that invade the protected privacy interests of Movant and non-parties."] As shown below, the Subpoena fails the standards of Code of Civil Procedure section 1987.1, and the Court should grant relief and award Movant's reasonable expenses under section 1987.2.

II. RELEVANT BACKGROUND

1. This action concerns [briefly describe the nature of the dispute and the claims/defenses at issue].
2. On [__/__/____], [SUBPOENAING PARTY] issued the Subpoena, which commands [describe what is commanded — attendance, categories of records, ESI, or testimony].
3. The Subpoena was served on [SUBPOENA RECIPIENT / Movant] on [__/__/____] and sets a [return / production / appearance] date of [__/__/____].
4. [If consumer/employee records: "The Subpoena seeks [personal records of a consumer under § 1985.3 / employment records under § 1985.6]. [Movant is the consumer/employee whose records are sought / Movant served a timely written objection / Notice to Consumer or Employee (Judicial Council form SUBP-025) was [served / not properly served]]."]
5. [Meet and confer: "On [__/__/____], the undersigned [met and conferred / attempted to meet and confer] with the subpoenaing party regarding the defects in the Subpoena. The parties were unable to resolve the dispute because [reason]."]

III. LEGAL STANDARD — CODE OF CIVIL PROCEDURE § 1987.1

Code of Civil Procedure section 1987.1(a) provides that, "[i]f a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b) … may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person."

The persons who may move include a party, a witness, a consumer described in section 1985.3, an employee described in section 1985.6, and a person whose personally identifying information is sought in connection with that person's exercise of free-speech rights. (§ 1987.1(b).) On any motion to quash or modify a subpoena, "the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney's fees, if the court finds the motion was made or opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive." (§ 1987.2(a).)

Where a subpoena seeks information protected by the state constitutional right of privacy (Cal. Const., art. I, § 1), the proponent must demonstrate that the information sought is directly relevant and that the need for it outweighs the privacy interest, with the court considering less intrusive alternatives. (See Williams v. Superior Court (2017) 3 Cal.5th 531; Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1.)

IV. ARGUMENT

A. ☐ The Subpoena Does Not Allow a Reasonable Time to Comply

[State when the Subpoena was served and the return date, and explain why the interval is unreasonable given the scope of what is commanded.] The Subpoena is therefore oppressive within the meaning of section 1987.1 and should be quashed or, at minimum, modified to allow a reasonable period for compliance.

B. ☐ The Subpoena Requires Disclosure of Privileged or Protected Matter

[Identify the privilege(s) at issue — e.g., attorney-client privilege (Evid. Code § 954), work product (CCP § 2018.030), physician-patient (Evid. Code § 994), psychotherapist-patient (Evid. Code § 1014), or marital privileges.] The Subpoena seeks matter protected by [privilege], and no exception or waiver applies. A subpoena may not be used to compel disclosure of privileged matter, and the Court should quash the Subpoena as to such matter.

C. ☐ The Subpoena Imposes an Undue Burden or Expense

[Quantify the burden — volume of records, time, cost, disruption — and explain why it is disproportionate to any legitimate need, particularly where the recipient is a non-party.] The burden the Subpoena imposes is oppressive and unjustified, warranting an order quashing it or conditioning compliance under section 1987.1 (including cost-shifting).

D. ☐ The Subpoena Is Overbroad and Seeks Irrelevant Matter

[Show that the categories sweep in matter with no bearing on the claims or defenses, are unlimited in time or subject, or are not reasonably calculated to lead to the discovery of admissible evidence.] An overbroad, "fishing expedition" subpoena is oppressive and should be quashed or narrowed.

E. ☐ The Subpoena Was Not Properly Issued or Served

[Identify the defect — e.g., improper service, failure to tender witness fees/mileage where required, failure to give the prior notice to other parties required for a records subpoena, or issuance by a person without authority.] Because the Subpoena was not properly [issued / served], it is unenforceable and should be quashed.

F. ☐ The Subpoena Violates the Right of Privacy / Consumer-Records Protections (§§ 1985.3, 1985.6)

[Identify the private information sought — financial, medical, employment, communications — and the privacy interests of Movant and any non-parties.] Under article I, section 1 of the California Constitution and Williams v. Superior Court, supra, 3 Cal.5th 531, the subpoenaing party cannot show that this private information is directly relevant and that its need outweighs the intrusion. [If consumer/employee records: "Moreover, the Subpoena fails to comply with the Notice to Consumer / Employee and timing requirements of section 1985.3 / 1985.6, and Movant, as the affected [consumer / employee], timely moves to quash before the production date."]

G. ☐ The Subpoena Seeks Trade Secrets or Confidential Commercial Information

[Identify the trade-secret or proprietary commercial information sought (see Civ. Code § 3426.1; Evid. Code § 1060).] The Court should quash the Subpoena as to such matter or, at minimum, condition any compliance on an appropriate protective order limiting use and disclosure.

V. CONCLUSION

For the foregoing reasons, Movant respectfully requests that the Court quash the Subpoena in its entirety or, in the alternative, modify it and/or direct compliance upon protective terms and conditions as set forth above, and award Movant's reasonable expenses, including attorney's fees, under Code of Civil Procedure section 1987.2.

Dated: [__/__/____]

_______________________________
[ATTORNEY NAME] (State Bar No. [____])
Attorney for [MOVING PARTY]

DECLARATION OF [DECLARANT NAME] IN SUPPORT OF MOTION TO QUASH

I, [DECLARANT NAME], declare:

1. I am [the attorney of record for Movant / the witness / the consumer / the employee / a party]. I have personal knowledge of the facts stated herein and, if called as a witness, could and would competently testify thereto.

2. The Subpoena. Attached as Exhibit A is a true and correct copy of the Subpoena at issue. The Subpoena was issued by [SUBPOENAING PARTY] on [__/__/____], served on [__/__/____], and commands [attendance / production] on [__/__/____].

3. Grounds. [State the facts supporting each checked ground — e.g., the volume and nature of records sought; the time allowed; the privacy or privilege interests implicated; the burden and cost of compliance; the defect in service or notice.]

4. Meet and confer. [Describe the efforts made to resolve the dispute informally with the subpoenaing party, including dates and substance, or explain why such efforts were excused or impracticable.]

5. Expenses. Movant has incurred attorney's fees and expenses in bringing this Motion in the amount of approximately $[____], as itemized in [a separate fee declaration / the attached billing summary].

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____] at [CITY], California.

_______________________________
[DECLARANT NAME]

[PROPOSED] ORDER

The Motion of [MOVING PARTY] to Quash or Modify the Subpoena, made pursuant to Code of Civil Procedure section 1987.1, came on regularly for hearing on [__/__/____] before the Honorable [JUDGE NAME]. Having considered the moving papers, any opposition and reply, and the argument of counsel, and good cause appearing:

IT IS ORDERED that the Motion is GRANTED, and the Subpoena dated [__/__/____] is QUASHED [in its entirety / in part]. [If modified: "The Subpoena is MODIFIED as follows, and compliance is directed only upon the following terms and conditions, including the protective order set forth herein: [specify]."]

[OPTIONAL] IT IS FURTHER ORDERED that [SUBPOENAING PARTY] pay Movant's reasonable expenses, including attorney's fees, in the amount of $[____], pursuant to Code of Civil Procedure section 1987.2.

[OR] IT IS ORDERED that the Motion is DENIED.

DATED: ____________________

_______________________________
HON. [JUDGE NAME]
Judge of the Superior Court

TIMING AND PROCEDURAL NOTES (California)

Caution: A motion to quash a records subpoena (or a consumer's motion under § 1985.3) is generally most effective when filed before the production/return date. File and serve promptly; do not let the compliance date pass.

CERTIFICATE / PROOF OF SERVICE

(Cal. Code Civ. Proc. §§ 1013, 1013a; Cal. R. Ct. 2.251(c))

I am employed in the County of [COUNTY], State of California. I am over the age of 18 and not a party to this action. My business address is [ADDRESS].

On [__/__/____], I served the foregoing [MOVING PARTY]'S NOTICE OF MOTION AND MOTION TO QUASH OR MODIFY SUBPOENA; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF [DECLARANT NAME] on the interested parties in this action by:

☐ ELECTRONIC SERVICE (CCP § 1010.6; Cal. R. Ct. 2.251)
☐ FIRST-CLASS MAIL (CCP §§ 1013, 1013a)
☐ OVERNIGHT DELIVERY (CCP § 1013(c))
☐ PERSONAL SERVICE (CCP § 1011)

addressed as follows:

[NAME & ADDRESS / EMAIL OF SUBPOENAING PARTY, RECORDS CUSTODIAN / DEPOSITION OFFICER, AND ALL PARTIES]

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [__/__/____] at [CITY], California.

_______________________________
[NAME OF DECLARANT]

SOURCES & REFERENCES

• Cal. Code Civ. Proc. § 1987.1 (motion and order to quash/modify; protective orders; privacy): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1987.1.&lawCode=CCP
• Cal. Code Civ. Proc. § 1987.2 (award of expenses and attorney's fees): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1987.2.&lawCode=CCP
• Cal. Code Civ. Proc. § 1985.3 (subpoena for personal records of a consumer; Notice to Consumer): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1985.3.&lawCode=CCP
• Cal. Code Civ. Proc. § 1985.6 (subpoena for employment records of an employee): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1985.6.&lawCode=CCP
• Judicial Council form SUBP-025 (Notice to Consumer or Employee and Objection): https://courts.ca.gov/sites/default/files/courts/default/2024-11/subp025.pdf
• Williams v. Superior Court (2017) 3 Cal.5th 531; Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1 (right of privacy in discovery).